Unwritten Constitution
An unwritten constitution refers to political conventions, customs, practices, and precedents that shape how a government operates but are not all set out in one constitutional text. In the United States, such practices coexist with the written Constitution and do not override it.
An unwritten constitution refers to political conventions, customs, practices, and precedents that shape how a government operates but are not all set out in one constitutional text. In the United States, such practices coexist with the written Constitution and do not override it.
Example: Political parties and many leadership conventions influence congressional organization even though the Constitution does not establish the modern party system.
Common misconception: Unwritten practices have the same legal status as constitutional text. Customs may shape political behavior, but they cannot displace controlling constitutional provisions or valid law.
Sources: https://constitution.congress.gov/; https://www.senate.gov/legislative/common/briefing/Rules_Procedures.htm